O sigilo no inquérito policial

Abstract

The Brazilian Process Code is from 1941. It was inspired in Rocco's Code, a fascist typical Italian legislation of the 30's last century. On that time, Brazil was facing a period called "Estado Novo", a dictatorship commanded by Getúlio Dornelles Vargas, mandatory who during the World War II flirted with the enemies of Allied Countries. The current Brazilian Constitution is from 1988. It was established during the democratic opening that happened after those years called "Anos de Chumbo", a militar dictatorship period that took place for more than 20 years, since 1964. Obviously, there is no harmonization between the principles of these two legal diplomas. Simultaneously, since 1941 to our days, the crime face and the criminal profile have changed a lot, things have made difficult the action of the State to reach the Welfare State. However, after almost 23 years of the 1988 Constitution promulgation, the Penal Process Code is being treated as it has been received from the Constitution: it has suffered, only, shy and a few changes reforms, in our point of view not enough as tools to combat the growing criminality. In this context, the propose of this work -herewith is, even facing a infraconstitutional legislation little coherent with the rules of the Constitution, based in the police inquiry analyze - the first and important step of criminal persecution - which traces are drawn by Ritual Rules, to show theoretically acceptable solutions, which have been found by Professors and by Judges to make an effective combat to the penal infractions, preserving, in one hand, the collectivity rights, and respecting, on the other side, the infractor ones, as, by the way, is required by the principle of human dignity